Pickens v. . Rymer
Supreme Court of North Carolina
Civil ActioN tried on appeal from a judgment of a justice of the peace, at Spring Term, 1883, of Buetcombe Superior Court, before Avery, J. This action was brought to recover the amount due on a note of which the following is a copy:. “ Twelve months after date we or either of us promise to pay to J. T. Pickens ninety dollars for value received of him, as witness our hands and seals,, with interest from date. October 22, 1861.” (Signed) F. M. Ballew. ro T. B. RyMer.
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Civil ActioN tried on appeal from a judgment of a justice of the peace, at Spring Term, 1883, of Buetcombe Superior Court, before Avery, J. This action was brought to recover the amount due on a note of which the following is a copy:. “ Twelve months after date we or either of us promise to pay to J. T. Pickens ninety dollars for value received of him, as witness our hands and seals,, with interest from date. October 22, 1861.” (Signed) F. M. Ballew. ro T. B. RyMer. On this note two credits were endorsed — the one on November 1, 1869, and the other on January 3, 1871, The defendant pleaded…
1Opinion of the CourtAshe, J.
The only question presented for the consideration of this court is whether there was error in the instruction which His Honor intimated he would give the jury.
Such an instruction would have been manifestly erroneous. A seal is an essential requisite of a deed, and no writing without a seal can be a deed. Shep. Touch., 56. Blackstone also lays it down as an indispensable requisite of a good deed (Vol. 2, 304); and there is no question that two or more persons may adopt the same seal. There is abundant authority'on this point. It was so held in Yarborough v. Monday, 3 Dev., 420, where this…
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